PUBLIC SERVICE COMMISSION REGULATIONS 
                                                               GN 76 of 1967 – 12 August 1967 
                                                                 PART I – PRELIMINARY 
                        1.   (1)  These regulations may be cited as the Public Service Commission Regulations. 
                        (2)  These regulations shall apply to all public offices, other than public offices in respect of which the 
                    power to appoint persons to hold or act in such offices (including power to confirm appointments), to 
                    exercise disciplinary control over persons holding or acting in such offices and to remove such persons 
                    from office is, by virtue of section 89 (3) of the Constitution, not vested in the Commission. 
                        2.   (1)  In these regulations— 
                           ―appointment‖ means— 
                           (a)     the conferment of an office of emolument in the public service, whether or not subject to 
                                   subsequent confirmation, upon a person not in the public service; 
                           (b)     the  grant  of  permanent  and  pensionable  terms  of  service  in  a  public  office  to  a  person 
                                   recruited  and  serving  on  contract  terms  of  service  or  in  an  unestablished  capacity  in  a 
                                   pensionable or non-pensionable public office; 
                           (c)     the engagement in a public office of a person on contract terms of service for a further period 
                                   of service on the conclusion of his previous period of engagement on contract terms in the 
                                   same or other public office; 
                           (d)     the permanent transfer to an office in the public service of a member of the civil service of 
                                   another country who is serving on temporary transfer in an office in the public service; 
                           (e)     the transfer of an officer serving in one public office to another office in the public service 
                                   carrying the same salary or salary scale; 
                           (f)     the appointment of a public officer to act in any public office other than the office to which 
                                   he is substantively appointed; 
                           ―Chairperson‖  means  the  Chairperson  of  the  Commission,  or  any  Deputy  Chairperson  or 
                        Commissioner appointed to act temporarily as Chairperson of the Commission under section 88 (3) of 
                        the Constitution; 
                           ―Commission‖ means the Public Service Commission established by section 88 of the Constitution; 
                           ―Commissioner‖ means any Commissioner of the Commission and includes the Chairperson, any 
                        Deputy Chairperson and any person appointed to act as Commissioner under section 88 (4) of the 
                        Constitution; 
                           ―Deputy Chairperson‖ means any Deputy Chairperson of the Commission; 
                           ―disciplinary control‖ includes control in so far as it relates to dismissal; 
                           ―office of emolument‖, in relation to the definition of public office in the Constitution, means any 
                        pensionable or non-pensionable office; 
                           ―official  document‖  means  any  document  prepared  by  any  public  officer  in  the  course  of  his 
                        employment or any document which comes into the custody of any public officer in the course of such 
                        employment; 
                           ―promotion‖ means the conferment upon a person in the public service of a public office to which 
                        is attached a higher salary or salary scale than that attached to the public office to which he was last 
                        substantively appointed or promoted; 
                           ―responsible officer‖ means— 
                           (a)     in relation to a public officer serving in a department specified in the first column of Part I of 
                                   the First Schedule, the person holding the office specified opposite that department in the 
                                   second column; 
                           (b)     in relation to a public officer serving in a class or rank specified in the first column of Part II 
                                   of the First Schedule, the person holding the office specified opposite that class or rank in the 
                                   second column; 
                           (c)     in relation to a public officer appointed to serve in Rodrigues and to whom paragraph (a) or 
                                   (b) does not apply, the Island Secretary Commissioner, Rodrigues; 
                           (d)     in relation to a public officer serving in a Ministry and to whom paragraph (a), (b) or (c) does 
                                   not apply, the official head of the Ministry in or under which he is serving; 
                           (e)     in relation to any other public officer, the Secretary to Cabinet and Head of the Civil Service; 
                           ―salary‖ means basic salary attached to a public office; 
                           ―Secretary‖ means the Secretary to the Commission; 
                           ―seniority‖ means the relative seniority of officers and, except as may be otherwise provided by the 
                        Commission or in these regulations, shall be determined and shall be regarded as having always been 
                        determined as follows— 
                           (a)     as between officers of the same grade or class— 
                                      (i)  by reference to the dates on which they respectively entered the grade or class; 
                                     (ii)  where any officers entered that grade or class on the same day, by reference to their 
                                           seniority in the next lower grade or class on the day immediately preceding that day; 
                                    (iii)  where any officers who entered the same grade or class on the same day did so by 
                                           appointment and not by promotion (excluding promotion from a non-pensionable to a 
                                           pensionable grade or class), their seniority relative to each other shall be determinable 
                                           by reference to their respective ages; 
                           (b)     as between officers of different grades or classes on the same salary scale or the same flat 
                                   rate of salary, by reference to the dates on which they respectively entered their grades or 
                                   classes; 
                           (c)     as between officers of different grades or classes on different salary scales, by reference to 
                                   the maximum point on their salary scales, a flat rate of salary being regarded for this purpose 
                                   as a salary scale with a maximum point equivalent to the flat rate: 
                           Provided that when assessing the seniority of a pensionable public officer, unbroken service by 
                    himself or any other person in a non-pensionable capacity shall only be taken into account in so far as 
                    during such service the officer or other person concerned was fully qualified to serve in the grade or class 
                    in question on pensionable terms; 
                           ―transfer‖ means the conferment upon a public officer, whether permanently or otherwise, of some 
                        public  office  other  than  that  to  which  the  officer  was  last  substantively  appointed,  not  being  a 
                        promotion, but the posting of an officer between posts in the same grade shall not be regarded for this 
                        purpose as a transfer. 
                        (2)  Nothing in these regulations empowering a responsible officer or any other person to perform any 
        function shall preclude the Commission from itself performing that function in any particular case. 
                     [R. 2 amended by GN 3 of 1992; GN 117 of 1997.] 
                          PART II – GENERAL 
         3.   The Commission shall appoint a Secretary to the Commission, who shall not be a Commissioner of 
        the Commission, and such other staff as may be authorised. 
                        [R. 3 amended by GN 117 of 1997.] 
         4.   Every meeting of the Commission shall be presided over by the Chair- person. 
         5.   A  record  shall  be  kept  of  the  Commissioners  present  and  of  the  business  transacted  at  every 
        meeting of the Commission. 
                        [R. 5 amended by GN 117 of 1997.] 
         6.   Decisions may be made by the Commission without a meeting by circulation of the relevant papers 
        among the Commissioners and the expression of their views in writing, but any Commissioner shall be 
        entitled to require that any such decision shall be deferred until the subject matter is considered at a 
        meeting of the Commission. 
                        [R. 6 amended by GN 117 of 1997.] 
         7.   Any Commissioner shall be entitled to dissent from a decision of the Commission and to have his 
        dissent and his reasons therefor set out in the records of the Commission. 
                        [R. 7 amended by GN 117 of 1997.] 
         8.   The Chairperson and 3 Commissioners will constitute a quorum for a meeting of the Commission 
        and a like number of Commissioners will be required for a decision of the Commission arrived at by the 
        circulation of written papers. 
                        [R. 8 amended by GN 117 of 1997.] 
         9.   (1)  The  Commission  may  require  any  public  officer  to  attend  and  give  information  before  it 
        concerning any matter which it is required to consider in exercise of its functions. 
         (2)  The Commission may require the production of any official document relevant to any exercise of 
        its functions, and any public officer who submits any matter for the consideration of the Commission 
        shall ensure that all relevant documents and papers are made available to the Commission. 
         (3)  Any public officer who without reasonable excuse fails to appear before the Commission when 
        notified  to  do  so,  or  who  fails  to  comply  with  any  request  lawfully  and  properly  made  by  the 
        Commission,  shall  be  guilty  of  a  breach  of  discipline  and  the  Commission  may  direct  the  person 
        responsible for initiating disciplinary proceedings against such public officer that disciplinary proceedings 
        should be instituted against him. 
         10.   The Commission shall, at the request of a responsible officer, hear him or his representative 
        personally in connection with any matter referred by him to the Commission. 
         11.   (1)  In carrying out its duties under the Constitution and these regulations, the Commission shall 
        not take into account any representations made to it otherwise than in accordance with the Constitution or 
        with these regulations. 
         (2)  Nothing in paragraph (1) shall be deemed to prohibit the Commission taking into account a bona 
        fide reference or testimonial of service. 
                        [R. 11 reprinted by Reprint 1 of 1983.] 
         12.   (1)  Every Commissioner shall, on appointment, take an oath in the form set out in the Second 
        Schedule. 
                        (2)  The  Secretary  and  such  other  member  or  members  of  the  staff  of  the  Commission  as  the 
                    Chairperson may require so to do, shall, on appointment, take an oath in the form set out in the Second 
                    Schedule. 
                        (3)  Every oath or affirmation taken by a Commissioner shall be administered by a Judge and every 
                    oath or affirmation taken by the Secretary or any other member of the staff of the Commission shall be 
                    administered by the Chairperson. 
                                                              [R. 12 amended by GN 117 of 1997.] 
                     PART III – APPOINTMENTS, PROMOTIONS, CONFIRMATION OF APPOINTMENTS, AND 
                            TERMINATION OF APPOINTMENTS  (OTHERWISE THAN BY DISCIPLINARY 
                                                                       PROCEEDINGS) 
                        13.   In order to discharge its duties under this Part, the Commission shall exercise supervision over 
                    and approve all schemes for admission to any public office by examination, for the award of scholarships 
                    or the grant of study leave for special training for the public service, and over all methods of recruitment 
                    including the appointment and procedure of boards for the selection of candidates. 
                        14.   (1)  In exercising its powers in connection with the appointment or promotion of officers in the 
                    public service, the Commission shall have regard to the maintenance of the high standard of efficiency 
                    necessary in the public service and shall— 
                           (a)     give due consideration to qualified officers serving in the public service and to other persons; 
                           (b)     in the case of officers in the public service take into account qualifications, experience and 
                                   merit before seniority in the public service; and 
                           (c)     where a public office cannot be filled either— 
                                      (i)  by the appointment or promotion of a suitable person already in the public service; or 
                                     (ii)  by the appointment of a suitable person who has been specially trained for the public 
                                           service, wholly or partly at public expense, 
                                   call for applications by public advertisement unless— 
                                                 (A)  for special reasons it decides not to do so; and 
                                                 (B)  where  it  is  satisfied  that  no  suitable  candidates  with  the  requisite 
                                                       qualifications  are  available  in  Mauritius,  it  decides  that  recruitment  be 
                                                       undertaken  by  some  agency  outside  Mauritius  and  arranges  for  such 
                                                       recruitment to be carried out. 
                        (2)  Recommendations  made  to  the  Commission  for  promotion  shall  state  whether  the  person 
                    recommended is the senior public officer in the particular class or grade eligible for promotion and, where 
                    this is not the case, detailed reasons shall be given in respect of each person in that same class or grade 
                    over whom it is proposed that the person recommended should be promoted. 
                        (3)  To be eligible to be considered for appointment or promotion to a vacancy in the public service, a 
                    candidate, whether or not a public officer, shall have the official qualifications and shall be available to 
                    assume  the  functions  of  the  office  within  a  reasonable  period  of  time  to  be  determined  by  the 
                    Commission. 
                        15.   (1)  The  Commission  shall  determine  the  form  of  advertisement  issued  in  accordance  with 
                    regulation 14 (1) (c). 
                        (2)  The qualifications specified in the advertisement shall be the official qualifications specified by 
                    the Secretary to Cabinet and Head of the Civil Service, with the agreement of the Commission, for the 
                    vacancy under consideration.